About Constitutional Amendments

[question everything]

I am thinking of Arizona, Florida and Colorado that passed them banning gay marriages, and perhaps others.

I think that all the states need to pass a law that a Constitutional Amendment has to be approved by at least 67% of the votes. After all, we do require this for Federal Amendments, right?

As far as I know, when I lived in California, Bond measured had to be approved by at least 60%. How can any state pass an Amendment with barely 52% of the votes?

[beyurslf]

1. A state can amend its Constitution however it wants to. In KS, we require 2/3 rds of the

State Legislature and then a vote of more than 50% of the public.

[question everything]

2. Still better than California - the mother of all ballot measures

where, once you gather enough signatures - as determined by a percentage of all affected voters in previous elections - you can put it on the ballot.

I think it is up to us, the citizens of each state, to demand that a Constitutional Amendment should require more than a simple majority to pass.

[beyurslf]

7. I agree.

[Liberalynn]

3. The U.S. Constitution By Law

trumps all.

This should not be allowed to be voted upon by individual states at all.

This issue was decided long ago. Remember the Civil War people? Federal law takes precedent.

Any such vote is unconstitutional on its face because it denies equal protection under the 14th amendment, and violates the first amendment as well, under the U.S. Constitution. There is no legitimate reason to be opposed to gay marriage other than people's personal religious convictions which are not allowed to be written into law according to the Supreme Law of the Land.

SCOTUS should be hearing a case right now, and banning these state ammendments period, and if they don't we should be calling for their immediate impeachment based on their violating their oath of office, to uphold and defend the constitution of the U.S. Its not even a matter open to interpretation. Its the law period.

Its not a majority wins issue, it is an equal/human rights issue, U.S. Constitutional issue period.

[DearAbby]

4. I Agree

I could never understand how PEOPLE'S basic rights are placed upon a ballot. This violates the constitution. Equality for all, or we all are at risk.

[question everything]

5. I hope that this will be the case

I am not a legal maven, however so far several states passed that law. In Arizona, for example, a similar law was defeated two years ago only to be approved now.

I think that the problem is that each state is the granter of marriage. Remember what the judges (or a cleric) says: by the power vested on me by the State.. etc.

So the question is, can the state pass a simple law banning such marriage since it has the power to regulate marriages, but once it modifies its Constitution then it should go the the Supreme Court?

Perhaps the California case will be the one that will get all these cases heard.

[Liberalynn]

6. Its been a while since I studied Constitutional Law and I only took a few courses in it

but I think the Supremacy Clause would cover this, even though the states are grantors of marriage.

The way I would argue it is people receive tax breaks from the IRS based on martial status. The IRS is a federal agency. Thus marraige is not just a state matter but a federal one, thus subject to federal law, i.e. the Constitution, equal protection guarentee.


Unless straight married people want to give up that tax break, it is a Federal constitutional equal protection issue based on that alone.

To me any state law prohibiting gay marriage is unconstitutional prima facia and shouldn't even be open to interpretation.

[beyurslf]

8. This is definetely where it is headed. It won't end then. In 2010, 2012, and maybe beyond

it will be a huge battle for Congress. The crazies will want to amend the US Constitution. Even after the SCOTUS overturns all of the state bans, we will not be done. The crazies will really be pushing for the federal amendment then. We must remain vigiliant. Unfortunately, I see this issue remaining on the burner for several election cycles.
Look at abortion. 30 years later and still we fight on.